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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16215
Experience:  15 years exp all aspects of general law
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Is it illegal deputy who entered my home claiming to have a

Customer Question

Is it illegal for the deputy who entered my home claiming to have a search warrant not to show, read or provide me with a valid search warrant? Is it illegal for him to also not provide me an inventory receipt of items he is seizing and removing from the home?
Submitted: 7 months ago.
Category: Legal
Expert:  Legalease replied 7 months ago.

Hello there --


THe police can obtain a verbal search warrant from a judge over the telephone after explaining the situation and swearing out their side of the story to the judge on the telephone and then the telephone warrant can be backed up by the issuance of the written warrant the next day when the judge is back at the office. Generally the police will ask for this type of warrant when they swear in front of a judge that they are afraid that evidence inside the property might be destroyed and so they could not wait until the next business day to present it to a judge. Regarding an inventory -- they do not have to provide you with an inventory as they are removing items, but they do have to take the items to the station and determine which they need and which they can immediately return to you and then you should receive an inventory of the items that they are keeping (the police can, however, get permission from the judge who issued the warrant not to disclose everything that they removed from the residence).


My suggestion here is to have your lawyer check the procedure of the warrant and the written warrant itself for errors. THe police might have made mistakes which can trip them up later in court if anything from the search is used against you or anyone in your family.


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